Settling with insurance company without a lawyer

Why should I hire a personal injury attorney? I can tell you that this is one of the most common questions I get from prospective clients. Soon after you have been injured in an accident that was caused by someone else’s wrongful actions or failures to act, you will likely be overwhelmed by phone calls and requests for paperwork and statements. It is common for injured victims to receive requests from insurance companies, law enforcement officers and doctors. It can be very confusing to deal with all of the questions about the accident and to understand what to do next. The responsible party’s insurance company may be requesting a signed authorization for your medical records and trying to get a recorded statement from you. Here are some reasons why it is important for you to get the help of an experienced personal injury attorney. Experience and knowledge to assess your claim’s value and winnabilityHe or she may use accident reconstruction experts to recreate … [Read more...] about Why Should I Hire a Personal Injury Attorney?

When should I hire a personal injury attorney is a question many people ask. After you have been injured in an accident, such as car crash, bike or motorcycle wreck, slip and fall, or any other type or mishap, you may wonder if or when you should consider hiring a personal injury attorney. Your decision should be informed by the answers to several questions. After you have thought through each of them, you’ll have a better idea about whether or not you should retain counsel.● How serious is your injury?Not all injuries will require the use of a lawyer. If your injury is minor and you have the time to work on the legal and insurance claims on your own, it is possible for you to settle your own claim. It is important, however, that you consider seeking help from an attorney for any injury that has pain that lasts for longer than a few days and that requires medical care. If your injury necessitated hospitalization, surgery, physical therapy, rehabilitation, chiropractic work, … [Read more...] about When Should I Hire A Personal Injury Attorney?

Everyone loves a good courtroom drama. So just imagine this pitch: henchmen of an evil dictator hack their way into a movie studio computer system. Once inside, they steal the most sensitive personal information of the studio’s stars, executives and employees. Their most intimate secrets, spilled over the Internet. Who can help these poor souls? Why, the brave and hard working class action lawyers, that’s who. Through grit, pluck and lawyerly derring-do, our intrepid heroes soon bring the evil wrongdoers to justice. Think “The Manchurian Candidate” meets “Erin Brockovitch.”But real life is rarely like the movies, even when it involves the movies. Yes, Sony Pictures Entertainment (“SPE”) did suffer a cyberattack that disclosed employees’ personally identifiable information (“PII”). The data breach was allegedly perpetrated by North Korean hackers in retaliation for … [Read more...] about It’s A Wrap! Sony Pictures Data Breach Case Settles Without A Hollywood Ending For The Plaintiff Class

Twenty-seven disciplinary proceedings brought by the CME Group – touching upon EFRPs, transfer trades, money passes, position limits, block trades and disruptive practices – provided an abrupt reminder that a failure to comply with relatively technical rules can result in fines as well as corporate distraction while employees address regulatory inquiries and actions. Moreover, the book on the fate of customers, secured creditors and unsecured creditors of MF Global, Inc., the defunct FCM that went belly-up in 2011, appears to be finally closing with a relatively good outcome under the circumstances. As a result, the following matters are covered in this week’s edition of Bridging the Week: FC Stone Companies and Goldman Sachs Receive Largest Fines in CME Group’s 27 Disciplinary Actions Cascade (includes Compliance Weeds);Defunct FCM MF Global to Pay Unsecured Creditors up to 95% of Their Allowed Claims (includes My View);Florida Lawyer Settles CFTC … [Read more...] about Bridging the Week: July 20 – 24 and 27, 2015 (27 Enforcement Actions; More MF Global; Lawyer Settles with CFTC; Dodd-Frank Five Years Later)

What is a “White waiver?”In 1986, the California Supreme Court held that an insurance company’s low-ball offer of settlement to a policyholder made during litigation over an unpaid claim was admissible to prove the carrier’s bad faith in the same litigation, notwithstanding the settlement privilege. Insurance companies dislike this ruling because it prevents them from shrouding unreasonable settlement positions in the cloak of the settlement and litigation privileges. Insurance companies also, and not infrequently, require what is known among insurance lawyers in California as “a White waiver” before discussing settlement with an insured during a bad faith action.Should the policyholder comply with this request? Does White really unwind the settlement and litigation privileges for bad faith settlement communications by an insurance company? Questions to consider in response to a request for a “White waiver”Whether to give a White waiver … [Read more...] about Insurer Asks for a White Waiver as a Condition to Talking Settlement. Should You Do It?

In general, if a lawsuit is covered or potentially covered by a commercial general liability (CGL) insurance policy, the insurer has a duty to defend that claim. If the insurer provides that defense without reserving its rights to deny coverage, the insurer is entitled to select defense counsel and control the defense. But when the insurer defends under a reservation of rights, that reservation may create a conflict of interest between the insurer and the insured.The leading Illinois Supreme Court case on this subject is Maryland Casualty v. Peppers, decided in 1976. According to Peppers, when an insurer defends an insured, but reserves the right to deny coverage based on an exclusion in the insurance policy (the applicability of which could be established during the course of defending the insured), there is a conflict of interest that gives the insured the right to select independent counsel to defend it at the insurer's expense. But the Illinois Supreme Court did not say … [Read more...] about Don’t Gamble with My Money: When a Lawsuit Seeks Damages in Excess of Policy Limits, What Are the Insured’s Rights in Illinois?

While the brunt of the suffering from the massive March 11 earthquake and tsunami has been in Japan, the economic aftershocks will be global, and many U.S. companies will suffer serious economic consequences. Damage to Japanese manufacturing facilities, roads, railroads and ports will result in unfulfilled orders for products and component parts, leaving some American companies to scramble to find alternate suppliers, and to pay higher prices. Other corporations will lose access to markets in Japan. To cover losses suffered as a result of damage to third party property, most commercial property insurance policies include contingent business interruption and contingent extra expense insurance. Though these coverages are narrowly defined and may be subject to sublimits, they can be very valuable in the event of major disruptions to trade. Unlike regular business interruption coverage, which is triggered by loss of, or damage to, the policyholder's own insured property, contingent … [Read more...] about Insurance Claims for Supply Chain Aftershocks of the Japanese Earthquake

For the middle-market businessperson, there are few things more exasperating than responding to threatened lawsuits or defending against lawsuits, not to mention the related expense. Good business practices, consistent internal controls and prudent loss-control protocols can help reduce the risk that your business will be sued. But in the real world, it is impossible to eliminate accidents, mistakes, misunderstandings or any of the other uncontrollable events that often result in lawsuits. No matter how meritless or trivial a lawsuit might be, you have to spend money to defend against it. That's where having the necessary insurance coverage—and understanding your right to a defense—can make all the difference.One of the most important components of commercial liability insurance is the coverage provided for the defense of claims (including lawsuits) against the insured. A key element of liability insurance policies (which cover liabilities owed to third parties), defense … [Read more...] about Policyholders and the Right to a Defense: Don’t Be Left Holding the Bag

Filing and pursuing California auto insurance claims requires some basic knowledge of the types of coverage, the laws and the claims process. Motorists in California are required to have automobile insurance. The state has established minimum liability requirements, and there are a variety of different types of coverage and levels of insurance. People who are involved in accidents may file claims with the at-fault driver’s insurance or with their own, depending on the types of coverage that they have selected. People may want to determine the level of coverage and types that might best protect them in the event that they are involved in accidents. An attorney may help to determine the available recovery sources if his or her client is injured in an accident. Types of car insurance coverage in CAAt the most basic form, Californians are required to carry bodily injury liability and property liability insurance. People who choose liability only coverage must carry minimum limits of … [Read more...] about California Auto Insurance Claims Basics

Karishma Vora is a dually qualified barrister in India and England – one of two presently practising commercial law in England, the other being Mr Harish Salve, to have had a blossoming practice in India before being admitted to the English bar. This makes her an attractive choice for matters involving either or both jurisdictions. She graduated from GLC and started her career as a litigator in Mumbai in 2003, having worked at the chambers of senior counsel Mr Janak Dwarkadas and Mr Zal Andhyarujina. She has been in London for six years now and is frequently instructed in cases involving Indian parties. Karishma has a substantial advisory and court practice in commercial litigation and international arbitration. She specialises in business and banking disputes and has worked on a range of matters from interim injunctions to complex cross-border trials. She is also an alumnus of the London School of Economics (LSE) and has taught commercial law at the LSE Summer School. She … [Read more...] about “There is no dearth of work in India. In England, one has the luxury of time to prepare for a case.” Karishma Vora, Second dually qualified barrister in India and England after Salve